H. B. 4627


(By Delegates Iaquinta, Kuhn, Swartzmiller, Paxton,

Poling, Tucker and Smirl)


(Originating in the Committee on Veterans Affairs

and Homeland Security)

[February 25, 2004]


A BILL to amend and reenact §9A-1-4 of the code of West Virginia, 1931, as amended, relating to duties and functions of veterans' council; honoring academic achievement of West Virginians at military academies.

Be it enacted by the Legislature of West Virginia:
That §9A-1-4 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF VETERANS AFFAIRS.
§9A-1-4. Duties and functions of veterans' council; appointment of director; term of office; removal; honoring academic achievement at military academies.
(a) It is the duty and function of the veterans' council to advise the director on the general administrative policies of the division, to select, at their first meeting in each fiscal year commencing on the first day of July, a chairman to serve one year, to advise the director on rules as may be necessary, to advise the governor and the Legislature with respect to legislation affecting the interests of veterans, their widows, dependents and orphans and to make annual reports to the governor respecting the service of the division. The director has the same eligibility and qualifications prescribed for members of the veterans' council. The governor shall appoint a director for a term of six years, by and with the advice and consent of the Senate. Before making the appointment, the governor shall request the council of the West Virginia division of veterans' affairs to furnish a full and complete report concerning the qualifications and suitability of the proposed appointee. The director may only be removed by the governor for cause, but shall have upon his or her own request an open hearing before the governor on the complaints or charges lodged against him or her. The action of the governor shall be final. The director ex officio shall be the executive secretary of the veterans' council, keep the minutes of each meeting and be in charge of all records of the division.
(b) The veterans' council may annually honor each West Virginian graduating from the U. S. Military Academy, the U.S. Naval Academy, the U.S. Air Force Academy and the U.S. Coast Guard Academy with the highest grade point average by bestowing upon him or her the "West Augusta Award". The award shall be in a design and form established by the council and include the famous Revolutionary War phrase from which the award's name is derived: "Once again our brethren from West Augusta have answered the call to duty." The council shall coordinate the manner of recognition of the recipient at graduation ceremonies with each academy.
The purpose of this bill is to honor academic performance of West Virginians graduating from U.S. military academies.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.